http://kotaku.com/lawsuit-claims-aliens-colonial-marines-used-false-adve-486156960
For those not in the know, A little while back Aliens:Colonial Marines was released by Gearbox ( of Borderlands fame). There was quite a bit of hype leading up to its release, especially after they released a demo. Unfortunately, the game released with a whole host of issues, and was panned by critics and the gaming community alike. Now, according to most of the major gaming websites, a class-action lawsuit is being brought against Gearbox for false advertising.
For those who would like a visual aid to show the discrepancies, I include this handy-dandy video:
With that all out of the way, I have a few questions for those who probably have a good deal more knowledge of the legal system than I.
While I can't find any evidence that Gearbox did so, most demos and trailers usually come with a "Not representative of the final product" disclaimer. If it does come out that Gearbox had those disclaimers, are they completely protected? Is the lawsuit doomed to fail because of those disclaimers?
If they didn't, or if that somehow doesn't cover their asses, what could be the ramifications for Gearbox? Simply refunding the customers' money? Or would there be more dire consequences? Exactly what kind of trouble is Gearbox in here?